Krishnamoorthy G v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19723 of 2025 Krishnamoorthy G ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Pudukottai District.

2. The Executive Engineer (General), Operation and Maintenance, TANGEDCO, Aavur, Pudukottai District.

3. The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Mathur, Pudukottai District.

4. Kulanthaivel

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 to transfer the electricity service connection in S.C.No.1650-02-85 effected to the petitioner's property measuring to an extent of 50 cents comprised in Survey No.324/7D1A situated at Mandaiyur Village, Kulathur Taluk, Pudukottai District, to his name and also to his sister Kanagambujam's name by considering the representation, dated 13.06.2025.

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For Petitioner : Mr.T.Leninkumar For R1 to R3 : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.1 to 3.

2. The petitioner claims that there is a land dispute between the petitioner and one Balachandran and that petitioner had filed O.S.No.214 of 2019 before the Sub Court, Pudukkottai, which came to be decreed on 15.12.2014. It is submitted that the petitioner has filed an execution petition in E.P.No.251 of 2022, which came to be ordered on 02.03.2023. It is submitted that in the aforesaid proceedings, the fourth respondent participated and objected stating that fourth respondent is the owner and he has filed E.A.No.9 and 10 of 2022, which came to be dismissed by the execution Court on 26.08.2022. 2/5

3. It is submitted that the fourth respondent had unsuccessfully challenged the aforesaid order before the first appellate Court and before the second appellate Court and the orders have been passed earlier in C.M.A.No.12 of 2020 on 11.01.2021 and in C.M.S.A.No.29 of 2024 on 31.01.2025.

4. It is submitted that the property is in the possession of the petitioner, and that the fourth respondent is no longer in possession, as delivery has already been effected in favour of the petitioner. The statement of the learned counsel for the petitioner is recorded.

5. Therefore, there shall be a direction to the third respondent to conduct a proper inspection and ascertain whether the fourth respondent is in possession of the property or whether the petitioner is in possession of the subject property, and thereafter take steps to consider the petitioner's representation dated 13.06.2025 for cancellation of the electricity connection standing in the name of the fourth respondent. The third respondent shall pass final orders within a period of six weeks from the date of receipt of copy of this order, after affording an opportunity of hearing to both the petitioner and the fourth respondent. 3/5

6. With the above direction, this Writ Petition is disposed of. No costs. 22.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Superintending Engineer, TANGEDCO, Pudukottai District.

2. The Executive Engineer (General), Operation and Maintenance, TANGEDCO, Aavur, Pudukottai District.

3. The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Mathur, Pudukottai District.

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C.SARAVANAN, J.

Indu W.P(MD) No.19723 of 2025 22.07.2025 5/5